Page:United States Statutes at Large Volume 108 Part 6.djvu/303

PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4871 subject merchandise into the United States, taking into account tibe availabliity of other export markets to absorb any additional exports, "(III) a signincsint rate of mcrease of the volume or market penetration of imports of the subject merchandise indicating the UkeUhood of substantially increased imports, "(IV) whether imports of the subject merchandise are entering at prices that are likely to have a significant depressing or suppressing effect on domestic prices, and are hkely to increase demand for further imports, "(V) inventories of the subject merchandise, "(VI) the potential for product-shifting if production facilities in the forei^ country, which can be used to produce the subject merchandise, are currently being used to produce other products, "(VII) in any investigation under this title which involves imports of Doth a raw agricultural product (within the meaning of paragraph (4)(E)(iv)) and any product processed from such raw agricultural product, the likelihood that there wili be increased imports, by reason of product shifting, if there is an affirmative determination by the Commission under section 705(b)(1) or 735(b)(1) with respect to either the raw agricultural product or the processed agricultural product (but not both), "(VIII) the actual and potential negative effects on the existing development and production efforts of the domestic industry, including efforts to develop a derivative or more advanced version of the domestic like product, and "(IX) any other demonstrable adverse trends that indicate the probability that there is likely to be material injury by reason of imports (or sale for importation) of the subject merchandise (whether or not it is actually being imported at the time). "(ii) BASIS FOR DETERMINATION. — The Commission shall consider the factors set forth in clause (i) as a whole in making a determination of whether further dumped or subsidized imports are imminent and whether material injury by reason of imports would occur unless an order is issued or a suspension agreement is accepted under this title. The presence or absence of any factor which the Commission is required to consider under clause (i) shall not necessarily ^ve decisive guidance with respect to the determination. Such a determination may not be made on the basis of mere conjecture or supposition.", (d) NEGLIGIBLE IMPORTS.— Section 771 (19 U.S.C. 1677) is amended— (1) in paragraph (7) by striking clause (v) of subparagraph (C), and (2) by adding at the end the following: "(24) NEGUGIBLE IMPORTS. —